While injured pro athletes normally receive pay (as part of their salary) while recovering from their on-the-field injuries, the rest of us may have to contend with missed days at work, medical bills, and a painful recovery. In most cases, medical insurance (and especially the insurance plans of professional athletes) cover the costs of treatment. However, medical insurance does not cover lost wages or pain and suffering. This means for the rest of the American citizenry who are not professional athletes, we are left to figure out who is liable for their personal injuries. Injuries are also an accepted risk in playing sport. In other words, there is an assumption of risk so bringing a successful personal injury claim is very difficult. Additionally, in many cases sports teams require a release of liability before one is allowed to play on a team. This release will indemnify the team owner from liability for injuries, unless the owner’s behavior was neglectful, malicious, or willful.
The exception(s) to the general assumption of risk rule is that in order to receive damages, one must prove that the Defendant was negligent or willful in his or her conduct, and this conduct was the cause of the injury that entitles the plaintiff to damages/compensation. Damages may include medical bills, lost wages, out-of-pocket expenses for medicines, crutches, etc., and pain and suffering (emotional distress). The second exception when it can be shown your injury was caused by faulty equipment/equipment failure. In those instances, you may be able to bring a product liability lawsuit against the manufacturer.
Get Legal Help for Personal Injuries
Injuries cause substantial hardship on the victims as well as their loved ones. Harrell & Nowak has zealously represented people who have suffered personal injuries in litigation against tortfeasers. We have recovered millions of dollars in settlements and verdicts on behalf of clients, and a success rate of 90% in our litigation. We will give each client the attention they deserve for each case. If you have or a loved one has been injured contact our New Orleans personal injury law firm today for a free, confidential consultation.